Case Summary
Ayanikkatt Thazhakkuni Appukkutty filed a petition against Meethale Olappurath Prajosh for failing to pay rent for a leased property. The court proceeded ex parte as the respondent did not appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction granted, with costs.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the eviction of the respondent due to non-payment of rent.
Why Plaintiff Won:
The petitioner fulfilled the requirements for eviction under Section 11(2)(b) of the Act.
The petitioner fulfilled the requirements for eviction under Section 11(2)(b) of the Act.
Losing Side's Weaknesses:
The petitioner fulfilled the requirements for eviction under Section 11(2)(b) of the Act.
The petitioner fulfilled the requirements for eviction under Section 11(2)(b) of the Act.
Supporting Evidence
The foremost pre-requisit for such eviction is that the landlord must sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent within 15 days from the date of notice or its refusal.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b) of the Act. The respondent is directed to vacate the petition schedule building and to put the landlord in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayanikkatt Thazhakkuni Appukkutty
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Meethale Olappurath Prajosh
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv. C. R. Biju to the respondent with postal receipt, Postal Acknowledgment Card signed by Prajosh, Rent Agreement executed between Ayanikkatt Thazhakkuni Appukkutty and Meethale Olappurath Prajosh.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
An order of eviction was passed directing the respondent to vacate the petition schedule building.
Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b) of the Act.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a copy of the lawyer notice sent by the petitioner to the respondent demanding payment of rent.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document is the postal acknowledgment card signed by the respondent confirming receipt of the lawyer notice.
Reference:
Ext.A2
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the landlord-tenant relationship between the petitioner and respondent.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between Ayanikkatt Thazhakkuni Appukkutty vs Meethale Olappurath Prajosh regarding eviction for non-payment of rent
Case Code Year
Case between Ayanikkatt Thazhakkuni Appukkutty vs Meethale Olappurath Prajosh regarding eviction for non-payment of rent